Agenda - Council Work Session - 10/10/2023

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3. The Attorney shall maintain professional liability insurance coverage at all times during its representation of the City in the amount of$2,000,000 aggregate claims, and $2,000,000 individual claims. 4. It is understood by the Attorney and the City that this contract shall run for two years after the appointment of the Attorney, at which time it may only be renewed upon express agreement of the City and the Attorney. Notwithstanding the intended term, it is expressly understood that the Attorney's tenure as City Attorney is at the pleasure of the City Council and that the appointment of the City Attorney may be terminated at any time with or without any cause. In the event of a termination for other-than-cause prior to the two-year term, to the extent feasible,the City shall provide 60 days notice of its intention to terminate or not renew this contract. 5. On or about December 31 of each year,for the duration of this Agreement,the City Attorney and City Administrator may mutually evaluate the usage of legal services during the prior year of this Agreement in order to evaluate usage of legal services during the prior year of the Agreement in order to evaluate usage and identify areas where modification in the parties' relationship may be mutually beneficial. 6. All data collected, created, received, maintained, or disseminated for any purposes by the activities of the Attorney because of this Agreement and the resulting Attorney-Client relations is governed by the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, as amended,the Minnesota Rules implement such act now in force or as adopted, as well as federal regulations on data privacy. This paragraph does not create a duty or any obligation on the part of the Attorney to provide access to public data to the public for inspection or otherwise if the public data are available from the City. 7. Any modification of the provisions of this Agreement shall be reduced to writing and signed by the parties hereto. OTHER 1. The City expressly reserves its right to hire independent counsel on matters it determines requires an attorney with more expertise or expertise in a particular field. In such a situation,the City shall remain responsible to the Attorney for the monthly fee provided under this agreement along with any billings not related to the matter for which special counsel was retained. The City shall only be responsible to the Attorney for extra expenses in relation to the matter for which special counsel is retained if the City names the Attorney as co-counsel in the matter or otherwise requests the Attorney's participation. 2. The effective date of this Agreement shall be November 1, 2023. COMPENSATION AND EXPENSES 1. Payment under this contract shall be in the form of a single, monthly fee of four-thousand one hundred and fifty/00 ($41150.00). That payment is intended to be for all of the foregoing services, including up to 10 hours of time billed on litigation matters, such as condemnation matters or Page 3 of 4